Bushie and Harriet

By Mary Lynn F. Jones, AlterNet. Posted October 4, 2005.

Just hours before the Supreme Court began its new term on Monday with Chief Justice John Roberts at its helm, President Bush nominated White House Counsel Harriet Miers to succeed retiring Justice Sandra Day O'Connor, launching a confirmation fight over the court's critical swing seat.

In announcing his choice, Bush praised the 60-year-old Miers as a "pioneer in the field of law, breaking down barriers to women that remain ... a generation after President Reagan appointed Justice O'Connor to the Supreme Court."

Bush has under been pressure, including from first lady Laura Bush, to name a woman to succeed the court's first female justice since O'Connor announced her retirement in July. Last week, Bush hinted he might choose a woman by stating that "diversity is one of the strengths of the country." Miers's name soon emerged as a possible successor to O'Connor.

The timing of Miers's nomination is critical for several reasons. With the court's first oral arguments held Monday and O'Connor anxious to step down to care for her husband, who suffers from Alzheimer's disease, the court may have to rehear cases on which it is split 4-4 after O'Connor leaves but before it issues an opinion. O'Connor has pledged to stay on the court until her successor is confirmed. When Justice Clarence Thomas succeeded Justice Thurgood Marshall in 1991, the court heard arguments again in two cases before handing down a decision.

Senate Majority Leader Bill Frist, R-Tenn., said in a statement Monday that he would like the chamber to vote on Miers's nomination by Thanksgiving. Senate Judiciary Committee Chairman Arlen Specter, R-Pa., appeared to back away from a specific date, however, saying, "To the extent we can meet a timetable we will, but thoroughness will be our principal goal."

Bush's announcement also comes as Republicans are anxious to push damaging headlines from the nation's front pages. Last week, Rep. Tom DeLay, R-Texas, stepped down from his post as House majority leader after he was indicted on a criminal conspiracy charge related to campaign donations. This week, he was indicted on a second charge of money laundering. Federal prosecutors and the Securities and Exchange Commission are looking into the questionable timing of a stock sale by Frist. In addition, New York Times reporter Judith Miller revealed publicly last week that Cheney Chief of Staff "Scooter" Libby was her source in reporting on CIA agent Valerie Plame.

The president finds himself in a somewhat stronger position than when he nominated Roberts to succeed the late Chief Justice William Rehnquist on September 5. Then, Bush was battling public anger over the government's slow response to the aftermath of Hurricane Katrina. Bush took pains to appear more engaged personally as the Gulf Coast braced for Hurricane Rita.

Some Republicans greeted Miers's nomination enthusiastically. Republican National Committee (RNC) Chairman Ken Mehlman said Miers is "extraordinarily well-qualified to serve on the Supreme Court." Frist called Miers "an outstanding nominee" who "understands the importance of judicial restraint and the limited role of a judge to interpret the law and not legislate from the bench."

Frist also said he hopes senators can reach a decision on Miers "without probing into confidential and privileged documents." That means Miers's writings in the Bush White House -- as counsel, deputy chief of staff and staff secretary -- may be off-limits to committee members.

Others, however, said Bush missed a chance to move the court permanently rightward. RedState.org Founder and Director Mike Krempasky wrote Tuesday, "Mr. President, you've got some explaining to do. And please remember -- we've been defending you these five years because of this moment."

For their part, Senate Democrats responded cautiously, making clear they want to examine Miers' work both in Washington and in Texas, where she served as general counsel to Gov. Bush's 1994 transition team, as chairwoman of the Texas Lottery Commission and as a private attorney. Because Miers has never served as a judge, she does not have a lengthy public paper trail.

Senate Judiciary Committee Member Edward Kennedy, D-Mass., said in a statement Monday, "The record we have so far is simply insufficient to assess the qualifications of this nominee. While her resume lists impressive qualifications as a practicing attorney, it simply does not give the Senate -- or the public -- sufficient information to determine her qualifications to be a Supreme Court justice and her commitment to core constitutional values."

And in an apparent role reversal of their positions on Roberts -- who the Senate confirmed as the nation's 17th chief justice last week by a vote of 78 to 22 -- Senate Majority Leader Harry Reid, D-Nev., seemed to praise Miers while Senate Judiciary Committee Ranking Member Patrick Leahy, D-Vt., raised questions about her nomination.

Mary Lynn F. Jones is a Washington D.C.-based writer.

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